Firearm Owners Responsibility and Safety Act

“(4) Secure gun storage by owners

“(A) Offense

“(i) In general—It shall be unlawful for a person to keep, leave, or store any unsecured firearm that has moved in, or that has otherwise affected, interstate or foreign commerce, unless the person carries the firearm on his or her person or within such close proximity thereto that the person can readily retrieve and use the firearm as if the person carried the firearm on his or her person.

“(ii) Unsecured firearm—In clause (i), the term unsecured firearm means a firearm that is not secured by a secure gun storage or safety device.

“(B) Private right of action

“(i) In general—An individual who is injured as a result of a violation of subparagraph (A) (or, in the case of an individual who has died as a result of such a violation, a member of the family of, or the estate of, the individual) may bring a civil action against the violator or any other person who, when the violation occurred, was in control of any premises on which the violation occurred if the violator knew or should have known that there was an unsecured firearm on the premises, in a court of competent jurisdiction, for compensatory and punitive damages, injunctive and declaratory relief, and such other relief as the court deems appropriate.

“(ii) Joint and several liability—In an action described in clause (i), the liability of all defendants shall be joint and several.

“(iii) Rule of interpretation—For purposes of any determination of liability covered by any contract of insurance entered into after the date of the enactment of this subparagraph, a violation of subparagraph (A) shall not solely be considered an intentional action.

“(iv) No effect on State law—This subparagraph shall not be interpreted to preempt, supplant, or displace any claim brought under State statutory law or common law.”

“OO Firearm Safe Storage Program

“3051. Firearm Safe Storage Program

“(a) In general—The Assistant Attorney General shall make grants to an eligible State or Indian Tribe to assist the State or Indian Tribe in carrying out the provisions of any State or Tribal law that is functionally identical to section 922(z)(4) of title 18, United States Code.

“(b) Eligible State or Indian Tribe

“(1) In general—Except as provided in paragraph (2), a State or Indian Tribe shall be eligible to receive grants under this section on and after the date on which the State or Indian Tribe—

“(A) enacts legislation functionally identical to section 922(z)(4) of title 18, United States Code; and

“(B) the attorney general of the State (or comparable Tribal official) submits a written certification to the Assistant Attorney General stating that the law of the State or Indian Tribe is consistent with the requirements under section 922(z)(4)(D) of such title 18.

“(2) First year eligibility exception

“(A) In general—A covered State or Indian Tribe shall be eligible to receive a grant under this section during the 1-year period beginning on the date of enactment of this part.

“(B) Covered State or Indian Tribe—In this paragraph, the term covered State or Indian Tribe means a State or Indian Tribe that, before the date of enactment of this part, enacted legislation—

“(i) that is functionally identical to section 922(z)(4) of title 18, United States Code; and

“(ii) for which the attorney general of the State (or comparable Tribal official) submits a written certification to the Assistant Attorney General stating that the law of the State or Indian Tribe is consistent with the requirements under section 922(z)(4)(D) of such title 18.

“(c) Use of funds—Funds awarded under this section may be used by a State or Indian Tribe to assist law enforcement agencies or the courts of the State or Indian Tribe in enforcing and otherwise facilitating compliance with any State law functionally identical to section 922(z)(4), of title 18, United States Code.

“(d) Application—An eligible State or Indian Tribe desiring a grant under this section shall submit to the Assistant Attorney General an application at such time, in such manner, and containing or accompanied by such information, as the Assistant Attorney General may reasonably require.

“(e) Incentives—For each of fiscal years 2019 through 2023, the Attorney General shall give affirmative preference to all Bureau of Justice Assistance discretionary grant applications of a State or Indian Tribe that has enacted legislation—

“(1) functionally identical to section 922(z)(4) of title 18, United States Code; and

“(2) for which the attorney general of the State (or comparable Tribal official) submits a written certification to the Assistant Attorney General stating that the law of the State or Indian Tribe is consistent with the requirements under section 922(z)(4)(D) of such title 18.”